1. Understanding the Financial Requirement for UK Partner and Family Visas

In this article, we will examine different time periods for the financial requirement in partner and family visa applications. Partner and Family visa applications under Appendix FM may have a minimum income requirement or an adequate maintenance requirement, depending on the route and circumstances, that must be satisfied, along with the other requirements, to ensure a successful application. Currently, where the £29,000 minimum income requirement applies, the level of income required is a gross annual income of £29,000, or £88,500 in cash savings for entry clearance or permission to stay applications where cash savings alone are relied upon.

Applicants who first applied successfully as a partner, fiancée or proposed civil partner before 11 April 2024 and who are extending with the same partner fall within the transitional arrangements. Applicants whose partner receives certain specified disability, carer or related benefits may instead need to show adequate maintenance and accommodation as set out under Appendix FM.

The financial requirement can be one of the more complex and onerous requirements of Partner and Family visa applications. This article will focus particularly on the different time periods involved when relying on certain categories to satisfy the financial requirement, as well as timings when combining categories and different sources of income to satisfy the financial requirement.

2. Category A: Financial Requirement for Salaried and Non-Salaried Employment

With current employer for 6 months or more – person residing in the UK

‘Category A’ is categorised as salaried or non-salaried employment income. Non-salaried employment includes individuals paid on an hourly basis or another variable rate, where the number and/or pattern of required work hours may vary, or where pay is determined by the work undertaken. Salaried employment includes that paid at a minimum fixed rate, usually annual, which is usually subject to a contractual minimum number of hours to be worked.

‘Category A’ is relevant where the applicant’s partner, and/or the applicant if they are in the UK with permission to work, is in salaried/non-salaried employment at the date of application and has been with the same employer for at least 6 months prior to the date of application. If this applies, they can count their gross annual salary or, for non-salaried employment, the annualised average gross monthly employment income over the 6 months prior to the date of application, towards the financial requirement.

The key element with regards to timing for a Category A application is that the individual whose employment is being relied upon must have been employed with the same employer for at least 6 months. The application evidence must include 6 months of payslips, the required employer letter, and 6 months of corresponding bank statements prior to the date of application.

Alternatively, if the person has been employed by their current employer for less than 6 months, then they could apply under Category B, subject to meeting those requirements.

To find out more about Category A applications, please refer to our previous article UK Partner & Family Visa Financial Requirement: Employment Income.

3. Returning Sponsors/Partners: Financial Requirements for Overseas Sponsors Returning to the UK

Where the applicant’s partner is returning with the applicant to the UK to work, they must meet two requirements to rely on Category A, one of which is forward facing, the other is backward facing.

First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application and paid throughout that period at a level of gross annual salary or employment income which equals or exceeds the level relied upon in the application.

Second, the applicant’s partner must also have a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of their return.

Both the current employment and prospective employment must have a gross annual salary or income which equals or exceeds the level relied upon in the application, currently £29,000 where that threshold applies.

To find out more about returning sponsors, please refer to our previous article Meeting the Financial Requirement for a UK Spouse Visa as a Returning Spouse – Part 2.

4. Category B: Salaried and Non-Salaried Employment Requirements

Less than 6 months with current employer or variable income – person residing in the UK

This category can be used where the applicant’s partner, and/or the applicant if they are in the UK with permission to work, is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application.

It can be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earn a variable income and wish to be considered in this category rather than under Category A above.

Where the applicant’s partner and/or the applicant is in salaried employment at the date of application and has been with the same employer, or earning the amount relied upon, for less than the last 6 months, they can count the gross annual salary at the date of application towards the financial requirement. There is no required minimum period for this current employment. Normally, the latest payslips or employment contract will evidence the gross annual salary at the date of application. For non-salaried employment under Category B, the amount relied upon is calculated by annualising the average gross income from that non-salaried employment over the relevant period prior to the date of application.

As well as the gross annual salary at the date of the application, an applicant must demonstrate that their actual gross income received in the last 12 months, from employment and any other permitted sources, meets or exceeds the minimum income threshold, £29,000 where that threshold applies. Under Category B, specified savings (Category D cash savings) are not permitted to be combined with Category B for the actual gross annual income received during the 12 months preceding the application.

5. Less Than 6 Months with Current Employer or Variable Income – Returning Overseas Sponsor

As above, the applicant’s partner will need a confirmed offer of salaried or non-salaried employment in the UK starting within 3 months of the expected date of arrival or return. For a returning sponsor relying on Category B, the confirmed UK job offer starting within three months of return must meet the financial requirement either alone or, where permitted, in combination with Category C non-employment income, Category D cash savings and/or Category E pension income. However, the separate requirement to show sufficient income received during the 12 months before the application cannot be met using cash savings. For that 12-month assessment, the sponsor may rely on salaried or non-salaried employment income overseas and, where permitted, Category C non-employment income and Category E pension income.

Unlike Category A, which requires at least six months’ employment with the same employer, Category B requires the sponsor to satisfy both the current income (or prospective UK employment) requirement and to demonstrate that they received sufficient income during the 12 months preceding the application.

To find out more about Category B applications, please see our previous article Satisfying the Appendix FM Partner Visa Financial Requirement Based on Employment Income (Part 2).

6. Category D: Meeting the Financial Requirement Through Cash Savings

Category D relates to cash savings held above £16,000 which are held in the applicant’s or applicant’s partner’s name or both jointly, and under their control, for at least the 6 months prior to the date of application. Currently for entry clearance or permission to stay where the £29,000 threshold applies and cash savings alone are relied upon, the level of cash savings required is £88,500, unless being combined with another source of permitted income.

Applicants who fall within the transitional arrangements and remain subject to the £18,600 minimum income requirement must instead demonstrate cash savings of at least £62,500, unless the cash savings are being combined with another permitted source of income.

The key evidence to provide is personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account or accounts in the names of the person, their partner or both jointly throughout the period of 6 months prior to the date of application. A declaration by the account holders of the sources of the cash savings is also required.

To find out more about cash savings, please see our previous article Family & Partner Visa Financial Requirement: Cash Savings.

7. Liquidated Investments to Meet Financial Requirements

Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, including funds liquidated from a pension pot, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application. The funds must be in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application. The investments can be liquidated at any time before the application.

6 months’ worth of specified evidence including evidence of ownership, cash value at or before the beginning of the relevant 6-month period and transfer into cash will be required if relying on liquidated investments.

To find out more about liquidated investments, please see our previous article on liquidated investments and the financial requirement.

8. Meeting Financial Requirements with Proceeds from Property Sales

The principle above also applies for the sale of property. If the applicant/partner owned property and sold it prior to the application to produce cash savings, the time during which the property was held in ownership can count towards the 6-month period required. Meaning, theoretically, the applicant/partner can rely on the sale proceeds even if the proceeds were received on the date of application, so long as they owned the property 6 months prior to the date of application and at the date of sale, and the cash savings relied upon are the net proceeds after repayment of any mortgage or loan secured on the property and any taxes/professional fees associated with the sale. If ownership was shared with a third party, only the proceeds of the applicant’s and/or partner’s share can be counted.

To find out more about selling assets, please refer to our previous article relating to spouse visa financial requirements.

9. Category C: Non-Employment Income Options

Property Rental Income

A couple may rely on income received from renting a property to meet the financial requirement. This will be based on the income received from the property during the 12 months leading up to the date of application. You will need to provide 12 months of bank statements showing the rental income being paid prior to the date of application.

As of the date of the application, the property must be held in the name of the applicant, the sponsor/partner, or both jointly.

You may find our previous article on Property Rental Income and the Partner Visa Financial Requirement useful.

10. Category E: Meeting Financial Requirements with Pension Income

The gross annual income from any State, UK Basic State Pension and Additional or Second State Pension, HM Forces Pension or foreign, occupational or private pension received by the applicant’s partner or the applicant can be counted towards the financial requirement.

The annual pension income may be counted where the pension has become a source of income at least 28 days prior to the application.

To rely on Category E to satisfy the financial requirement you will need official documentation from DWP, other government departments or agencies, an overseas pension authority or a pension company, confirming the pension entitlement and amount. You will also need at least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person’s account.

To find out more about pension income, please refer to our previous article Partner Visa Financial Requirement: Savings, Investments and Pensions.

11. Category F: Financial Requirements for the Last Full Financial Year

Self-employed individuals and directors or employees of specified limited companies in the UK can rely upon the income from the last full financial year, at the date of application, to meet the financial requirement.

12. Category G: Financial Requirements Based on the Average of the Last Two Financial Years

Self-employed individuals and directors or employees of specified limited companies in the UK can rely upon the average income received in the last two full financial years, at the date of application, to meet the requirement. This is particularly helpful if an applicant is unable to meet the financial requirement through Category F.

13. Understanding the Definition of ‘Financial Year’ for Visa Applications

HM Revenue and Customs fiscal year: In the UK, self-employment as a sole trader, as a partner or in a franchise is covered by the self-assessment tax return, SA300/SA302, running from 6 April to 5 April the following year. Thus, applicants must submit financial documents that align with this period to demonstrate they meet the income threshold. If an applicant is relying on their partner’s income from self-employment outside of the UK, the taxation system and periods of that country may be different.

Company Financial Year: In the UK, for those employed as a director or an employee, or both, of a specified limited company, the relevant financial year will be the year shown on the Company Tax Return CT600, corresponding to the 12-month accounting year of the company. This may be different from the HM Revenue and Customs fiscal year outlined above, 6 April to 5 April, and depends on when the company was set up.

Some examples of evidence that is time constrained include:

• relevant self-assessment tax and company tax returns for the financial years relied upon;
• annual audited/unaudited accounts, as required, for the financial years relied upon;
• corporate/business bank statements covering the same 12-month periods;
• payslips and P60, if issued, for the relevant period;
• dividend vouchers for all dividends declared during the period of the Company Tax Return CT600;
• corresponding personal bank statements showing the salary/dividends being paid.

Evidence of income outside the specified financial year period is generally inadmissible when calculating earnings. The case of Hameed Appendix FM – financial year 2014 UKUT 00266 IAC, the Upper Tribunal confirmed that, for self-employed applicants relying on HMRC self-assessment, the relevant financial year is the HMRC tax year rather than a different accounting year chosen for business purposes. 

In an unreported case before the Upper Tribunal, 2017 UKAITUR HU/08952/2015, it was suggested an applicant must rely on documentation covering the full financial year. Thus, an applicant cannot rely on documentation that only partially covers the financial year period. The full 12 months of documentation must be provided for the financial years outlined above for Category F and G applications.

Find out more about self-employment income. To find out more about the Hameed case, please see our article on the subject.

14. Combining Multiple Income Sources to Meet Financial Requirements

An applicant also cannot combine their self-employed income with their partner’s self-employed income if they are each based on different financial years because the Immigration Rules require the same financial year(s) to be relied upon. Thus, if the applicant and their partner’s self-employment income align in the same financial year, both can be combined and relied upon.

You may combine income under Category F or Category G with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement. However, these combined sources of income must be from the same financial years and they must still be a source of income at the date of application in order to be included. Current cash savings cannot be combined with income under Category F or Category G.

You can potentially combine Category A, salaried employment, with Category F, employment from a specified limited company. However, Category A can only be combined with Category F if both sources of income fall within the relevant financial years. Under Category F, all sources of income must fall within the financial year or years relied on and must still be a source of income at the time of application.

For example, if an applicant/partner is self-employed/employed and also employed with a family business company, they cannot be combined unless they fall in the same financial year.

To find out more about which sources of income can be combined for the financial requirement, please refer to our article Combining Sources of Income to Meet the Partner & Family Visa Financial Requirement.

15. Understanding the 28-Day Rule for Financial Evidence

Generally, Appendix FM-SE requires that financial evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application.

16. Contact Our Immigration Barristers

This article highlights some of the key timings and evidence requirements to consider in relation to the financial requirement in family and partner visa applications under Appendix FM of the Immigration Rules. Our immigration barristers can assist you with understanding the relevant time periods and evidence required in line with Appendix FM-SE. For expert advice in relation to a UK visa application or immigration appeal, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.

17. Frequently Asked Questions

What is the financial requirement for a UK Partner or Family Visa?

The financial requirement for a UK Partner or Family Visa is currently a gross annual income of £29,000 where the £29,000 minimum income requirement applies, or £88,500 in cash savings for entry clearance or permission to stay applications where cash savings alone are relied upon. Different thresholds or adequate maintenance may apply under transitional arrangements or in specified benefit cases. Applicants who fall within the transitional arrangements may instead be subject to the £18,600 threshold.

What is the difference between Category A and Category B?

Category A generally applies where the relevant person is in salaried or non-salaried employment at the date of application and has been with the same employer for at least 6 months. Category B may apply where the relevant person has been with their current employer for less than 6 months, or has variable income and wishes to be considered under Category B. Category B also requires the applicant to satisfy the additional actual income requirement over the 12 months preceding the application.

Can salaried or non-salaried employment income be used to meet the financial requirement?

Yes. Salaried employment income may be relied on where the relevant requirements are met. For non-salaried employment, the calculation depends on the category relied upon and may involve annualising average gross income over the relevant period before the date of application.

Can cash savings meet the Partner or Family Visa financial requirement?

Yes. Category D allows cash savings above £16,000 to be relied on where the savings are held in the applicant’s or partner’s name or both jointly, and under their control, for at least the 6 months prior to the date of application. A declaration of the source of the cash savings is also required. Where cash savings alone are relied upon, the amount required depends on the applicable minimum income threshold.

Can property sale proceeds or liquidated investments be used as cash savings?

Funds transferred from investments, stocks, shares, bonds, trust funds or certain pension funds may be relied on as cash savings if the specified requirements are met. Property sale proceeds may also count, provided the relevant ownership and evidence requirements are satisfied and only the permitted net proceeds are counted.

Can rental income or pension income count towards the financial requirement?

Rental income may be relied on under Category C where the relevant property and evidence requirements are met. Pension income may be counted under Category E where the pension has become a source of income at least 28 days before the application and the required pension documentation and bank evidence are provided.

What financial-year rules apply to self-employed applicants and specified limited companies?

Self-employed individuals and directors or employees of specified limited companies in the UK may rely on income from the last full financial year under Category F, or the average income from the last two full financial years under Category G. The relevant financial year must be identified correctly and the required evidence must cover the relevant full period.

What is the 28-day rule for financial evidence?

Appendix FM-SE generally requires financial evidence, or the most recently dated part of it, to be dated no earlier than 28 days before the date of application. Applicants should check that the financial evidence relied upon complies with this timing requirement.

Can I combine different sources of income to meet the financial requirement?

Yes. Depending on the category relied upon, it may be possible to combine employment income with non-employment income, pension income or cash savings. However, Appendix FM-SE contains detailed rules governing which categories may be combined and when. Not all sources of income can be combined, and some categories are subject to additional restrictions.